To: Prof. Lang
Via: A. Create
Date: November 23, 2010
Re: Smith's defenses to dog nip
1) Under Florida Statute Section 767. 04 which models the defense in which a pet owner can steer clear of liability as a result of injury the effect of a dog attack, can pet owner avoid liability by using the protection of excitation for injuries caused by a dog bite when the owner's puppy bit a great 8 yr old child, when said minor while dressed in a cat outfit came on our patient's property, observed client's Yorkshire Terrier puppy dog, ran up to the window through which he seen the pup, while banging on customer's window and yelling " trick or treatвЂќ to costumed kids on Halloween and was shown aggression towards when the owner opened the door to hand away treats to children, as well as the minor was trying to obtain treats intended for Halloween? 2) Under Fl Statute Section 767. 04 which pieces the protection in which a dog owner can avoid liability as a result of injury the effect of a dog mouthful, can dog owner avoid responsibility for a puppy bite problems for a almost 8 year old child by employing the defense from the presence of your proper warning sign when the 8ВЅвЂќ x11вЂќ card warning sign by which he posted in the uppr pane of his living room home window, which was decorated with component, situated for the right side of the the front of his house stated " Alert " The Beast' Lives HereвЂќ, with a picture of any Yorkshire Terrier, where the small failed to start to see the sign, after owner opened the door, slight getting little when doggie jumped up and bit his ring finger when small was looking to retrieve doggie snacks for Halloween? Short Answer(s):
1) It is most improbable that our client can steer clear of liability for the dog nip injury due to the requirements inside the dog mouthful statute. The statute delivers " a defense once any neglectfulness on the part of the individual bitten that is a proximate reason behind the biting on incident reduces the liability with the owner in the dog by percentage the bitten individual's negligence written for the gnawing at incident. вЂќ Fla. Stat. В§ 767. 04. In this case the court may decline that Individual was negligent in causing the dog mouthful injury. The court might believe that Individual did not specifically exhibit virtually any threatening behavior directed at the Beast, nor our consumer. The jury may find that Plaintiff was merely ringing doorbells for treats with friends and the reality Plaintiff put on a cat outfit may have been enough to set Beast off. In addition , Plaintiff by no means entered the client's home. It is remarkably improbable which our client could possibly use the security of provocation to be happy from responsibility for traumas caused by your canine bite in this case. 2) It truly is unlikely which the court will discover that our consumer may dominate in using the defense of the presence of a proper danger sign to avoid the liability for your dog bite injury to Plaintiff. According to California Statute Section 767. 04, " the proprietor is not really liable, besides as to a person within the age of six, or unless of course the damages are proximately caused by a at fault act or omission of the owner, if at the time of any such injury the master had displayed in a prominent place on his or her premises an indication easily readable including the terms вЂBad Dog. 'вЂќ In this article the court docket may find the sign had not been posted in a prominent place because the indication was placed in the higher pane of the client's living room windowpane, situated within the far correct side in the front of his home with a photo of a Yorkshire terrier. The court docket may find which the sign was missing the necessary statutory vocabulary which included the words, Bad Dog, because instead it mentioned, " Caution " The Beast' Lives HereвЂќ. The court could find that the signal was not quickly readable mainly because, Plaintiff has alleged he did not view the sign although he was knocking at the windows in which the sign was placed, and since it had been Halloween, our client had many residence decorations up, including webbing in the glass windows, which may have made it more difficult to study the danger sign that he previously posted in his window. It truly is unlikely the client...